09/14/1998
CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
September 14, 1998
Present: Rita Garvey Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Karen Seel Commissioner
Also Present: Michael J. Roberto City Manager
Richard L. Hedrick Deputy City Manager
Bob Keller Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Gwen Legters Board Reporter
The meeting was called to order at 1:00 p.m. at City Hall.
Service Awards
Four Service Awards were presented to City Employees. Mark Goheen, Finance
Department, received the September Employee of the Month award.
Convene as CRA -- 1:07 p.m.
Convene as Pension Trustees – 1:37 p.m.
Reconvene Work Session – 2:08 p.m.
PUR PURCHASING
Central States Fire Apparatus, L.L.C., (replacement) two 1999 Ford F-350 Super Duty cab &
chassis rescue units with Central States Fire Apparatus rescue units, $142,174 (P.O. to be
issued 10/1/98, as funding is included in FY1998-99 budget) (FD)
In response to a question, Purchasing Manager George McKibben said the two units
are non-transport capable.
Clark Sales Display, increase to new est. total $220,000 for remaining portion of contract
ending 1/15/2001 to provide funding for additional decoration service at Station Square Park &
Pier 60 during December/January holiday periods (PR)
In response to a question, Mr. McKibben said the contract ending 1/15/2001 was for
five years.
Parks and Recreation Department Director Art Kader gave a presentation regarding
Holiday Sights and Sounds, this year’s major enhancements to decorations and events. He
reviewed events stating a full calendar will be in an upcoming Clearwater magazine. He
reviewed enhancements to holiday decorations, lights and music designed to draw people
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downtown, and to the beach. Enhancements at Station Square adjacent to the parking garage
and at Pier 60 Park were reviewed. In response to a question, he reported Sheila Cole heads
the beach decoration committee and Diane Smith is in charge of downtown’s committee. He
will provide a complete list of committee members’ names. Total costs for the entire event, in
cash and in-kind services, is expected to be $50,000. Private funds are also being sought.
BU BUDGET
Third Quarter Budget - 1997-98
The third quarter budget report includes detailed explanations of budget amendments,
a schedule of administratively approved change orders, and a list of self-insurance
settlements. A September 8th memo from the City Manager highlighted amendments to:
General Fund – The $428,000 balance of the $1 million “Vision” fund was distributed for the
purpose of hiring a Master Developer as previously approved by the City Commission.
General Fund revenues and expenditures are increased by a net of $95,000, representing the
allocation of funds from closing the old GOB bonded debt fund to provide funding for the
1998/99 Ervin’s All American Youth Grant approved by the City Commission August 20, 1998.
Unappropriated retained earnings remain the same as at mid-year, at approximately 10.7% of
the General Fund. Gas Fund – Primary amendments reflect receipt of $437,500 in insurance
proceeds to be applied to environmental work on the Myrtle Street Gas System property.
Harborview Fund – Amendments reflect borrowing $80,000 from the cash pool to offset
anticipated interest payments on the cash pool loan for the fiscal year. Internal Service Funds
– The most significant amendment includes appropriation of $996,820 from the Premium
Stabilization Fund to the Special Program project for buyouts of union leave approved by the
City Commission July 16, 1998. All internal service operations remain healthy at third quarter.
Capital Improvement Program Fund – Amendments total a net increase of $5,472,000,
primarily due to: A budget increase of more than $1.4 million recognizing the net proceeds
from the IMR Development land sale; a budget increase of $1.5 million to establish the Utility
Billing Customer Information project for installation of the City’s Utility billing system approved
June 18, 1998; an increase of $500,000 in the new Main Library project recognizing a donation
for the construction of the new main library; and more than $1.6 million reimbursement from
Pinellas County and SWFWMD (Southwest Florida Water Management District) for
improvements to Allen’s Creek and Alligator Creek. All other significant Capital Improvement
Project budget increases have been previously approved by the City Commission and are
outlined in the detailed report.
Budget Director Tina Wilson reviewed changes.
FN FINANCE
Approve purchase of property, casualty, liability, workers’ compensation, Emergency Medical
Services, & flood insurance coverage for Fiscal Year 1998-99, in an amount not to exceed
$750,000
The Risk Management Division of the Finance Department purchases insurance
coverage for the City in the above named areas, and recommends purchasing the following FY
1998/99 insurance coverage: Excess Property (including bridge), $187,388; Crime and
Dishonesty, $5,043; Boiler and Machinery, $5,894; Marina Operators, $16,928; Pollution
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Liability (including storage tanks), $30,455; Flood Insurance (specific properties), $22,864
(estimated); Excess Liability and Workers’ Compensation; $238,000; Subtotal, $506,572. The
City is required by contract with Pinellas County to purchase EMS Liability coverage. The
purchase of this insurance is reimbursed at 100% by Pinellas County. Risk Management is
requesting authorization to purchase this insurance in an amount not to exceed $153,000.
Total for coverage shown above is $659,572.
Staff was commended for obtaining increased insurance coverage at a reduced cost.
Information regarding EMS reimbursements will be provided before Thursday’s meeting. Risk
Management Occupational Specialist Jon Marcin responded to questions regarding the City’s
$500,000 self-insurance deductible. Some were glad to see Pension fiduciary insurance.
Confirm/Ratify purchase of a single premium Pollution and Remedial Legal Liability insurance
policy as required by contracts with Information Management Resources, Inc. (IMR, Inc.)
The Community Redevelopment Agency (CRA) negotiated the sale of property located
at 10 South Missouri Avenue, to Information Management Resources, Inc. (IMR, Inc.) A
provision of these contracts required the City to purchase a Pollution and Remedial Legal
Liability policy for a ten-year period. The closing of this transaction occurred on July 31, 1998,
at which time the purchase of this insurance and the binder for its coverage was required. The
Risk Management Department obtained three quotes for purchase of this insurance from three
separate insurance companies. The Reliance National policy provided the broadest coverage
at the best price and was the policy desired by both the City and IMR, Inc. Terms of the policy
are: Policy Period 7/31/98-7/31/08; Coverage A. Pollution Legal Liability, B. Remediation
Legal Liability, C. Legal Defense Expense; Limit of Liability $2,000,000; and Self-Insured
Retention $200,000. This insurance was purchased at a one-time premium of $76,095.00
from Reliance National Indemnity Company.
Finance Director Margie Simmons said the previous item was for next year’s insurance
premium. This item is to ratify and confirm insurance already purchased in FY 1997/98, and
does not involve additional spending. In response to a concern that the figure is higher than
anticipated, the City Attorney noted an actual number was not previously obtained, but the
best and lowest proposal was selected. Funding comes from proceeds of the property sale.
Consensus was to place this item on the Consent Agenda.
The meeting recessed from 2:40 to 2:50 p.m.
PR PARKS AND RECREATION
Beach Pool Discussion
The City Manager stated part of the delay with replacing the beach pool has been
trying to determine the direction of beach redevelopment with regard to the roadway network.
He noted $500,000 had been allocated for pool replacement, and a certain amount of those
funds was needed for the design work. Parks and Recreation Director Art Kader reviewed
funding, design, and bid history. Parks and Recreation had recommended water park
amenities to create a seasonal family aquatic center to attract residents and tourists. Meetings
with the public indicated a desire to add more amenities, which, when combined with the
amenities needed to make the pool successful, drove the cost above $750,000. Advantages
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and disadvantages were discussed with regard to scaling back the recommended water park
amenities, aesthetics, and ADA equipment to provide more swim lanes, a service building, rest
rooms, and heated, year-round operations. Staff and material costs of year-round operations
were discussed. Options were outlined: 1) Delay the project until it is known how it will be
affected by One City. One Future.; 2) Eliminate the project and use the funds elsewhere; 3)
Construct a scaled-back pool for $500,000, or 4) Build a water playground, slide,
activity/teaching pool. Staff will wait for direction from the City Commission before preparing
an agenda item.
Discussion ensued regarding whether or not the Commission intends to replace the
pool as promised in 1994, location of the pool, and how much, if any, pool redesign should be
done. In response to questions, Mr. Kader said $56,000 has been spent on design so far.
Funds remaining in the pool budget are $519,000. Mr. Kader estimated redesign and
construction of a scaled-down pool would cost at least $550,000. He was not comfortable with
such a prospect, as he believed a plain, rectangular pool would be below Clearwater’s
standards. He did not know whether re-bidding the project at a different time of year might
result in lower costs.
Discussion ensued regarding whether or not to build a more expensive pool that is
designed for the future, and whether or not to build it now. Mr. Kader said the proposed water
playground could be built for approximately $500,000. Questions were raised whether such a
water feature at the Pier would serve residents and tourists better than a six-lane pool geared
toward competitive swimming. Adding a handicapped accessible zero-depth entry would
substantially increase the cost of the pool; a lift could be installed to meet ADA requirements.
Some concerns were expressed with the unaesthetic appearance of a scaled-down lap pool
and chain-link fence on a beach thoroughfare, and support expressed for a water park, within
budget, as recommended by staff. It was felt money does not exist to construct and maintain
year-round operation of a heated pool. Some felt a pool is not needed at the beach. Some
felt the item should be agendaed, alternatives presented, public input taken, and direction
given as soon as possible. Some felt the cost difference was not significant in the long term.
Staff was requested to call bidders to see if costs have come down. It was suggested that a
indicated a plain, vanilla, unheated pool could be built and be open April through October.
Revenue from admissions was projected at $28,000 annually. Clearwater has one heated
pool plus the Long Center. Construction of the proposed pool would take 9 to 12 months. A
question was raised whether or not to build a pool that appeals to residents or tourists. Staff
was requested to prepare a presentation of alternatives that cost $519,000, including
alternative water feature options and a comparison of operating costs. The item will be
publicized throughout the City for the second Council meeting in November.
PW PUBLIC WORKS
(Cont. from 8/20/98) Public Hearing & First Reading Ord. 6321-98 - Vacating full East/West
right-of-way of Bryant Street (formerly Bryan Avenue) lying 38’ Westerly of Lot 22, Oak Haven
Sub., together with that portion of the North/South right-of-way of Cross Lane lying south of
Bryant Street, subject to conditions (Medec / Gaylor Engineering, V98-06)
The applicant is requesting the vacation in order to use the rights-of-way and adjacent
properties to construct an adult living facility. City utilities within the rights-of-way will be
relocated at the applicant's expense during development. City infrastructure will be installed in
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new easements to be provided by the owner. Private and public utilities have no objections to
the proposal. The Peppermill Restaurant has an existing private force main located in Bryant
Street that must be relocated at the applicant's expense and an appropriate easement needs
to be provided. The City Commission approved vacation requests in 1981 and 1996, but
owners failed to meet conditions of approval and the rights-of-way were not vacated. Due to
concerns the vacation would impact the adjacent Peppermill Restaurant adversely, this item
was continued from August 20 with instructions to staff to work toward a compromise between
applicants and the restaurant owner. Planning and Development Services Director Lorenzo
Aghemo said a compromise has not been achieved, but it is hoped one will be reached by
Thursday.
ITEM #26 - Agreement with Alcade and Fay to provide lobbyist services at the federal level, for
a maximum of one year, costs not to exceed $60,000, plus expenses not to exceed $7,000.
(CLK)
Lobbying services are needed to assist the City in pursuing funding and favorable
legislation at the federal level. In order to start this effort during the current legislative session
and prepare for the next legislative session, it is recommended the firm of Alcade and Fay be
retained to provide this service for a maximum of one year under the emergency exceptions to
the bidding procedures. The City will be billed on a monthly basis and the agreement can be
canceled upon 30 days’ written notice. Priorities for the coming year will include obtaining
funding for the replacement of the Memorial Causeway Bridge, Gulf-to-Bay Enhancements,
the Town Pond and other water retention/quality projects, Brownfields remediation, and PSTA
Multi-modal Facility. A Request for Proposal (RFP) is being developed and will be processed
to select the provider of these services after this initial one-year period.
The City Manager stated good opportunities exist to get funding on a federal level. He
noted this agreement will go out to bid after the initial one-year period and options will be
brought back. It was indicated the lobbyists determine how to make Clearwater a more visible
fixture with government bureaucracy. In response to a question, the City Clerk indicated funds
recommended to be transferred at third quarter to fund the lobbyist services project are from
savings in various codes in the City Clerk’s operating budget and the Fire Department’s capital
projects budget.
CA LEGAL DEPARTMENT
Second Reading Ordinances
Ord. #6324-98 - Land Use Plan Amendment to Residential High for property located at 1370
Gulf Blvd., Sec. 19-29-15, M&B 14.04, 14.05 & 14.06 (Amza D. Abdullaj & Clearwater Sand
Key Club 1 Homeowners Association, LUP98-07, Z98-09)
The applicants are requesting rezoning and a land use plan amendment to construct
high-rise condominiums at 1370 Gulf Boulevard, a site currently developed with the Gallery
Restaurant. The preferred land use in this district is multi-family development. Land use plan
amendment for the .96-acre site is not subject to Pinellas Planning Council (PPC) review.
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Concern was expressed Coastal High Hazard is a legitimate concern. From a property
rights perspective, two less units would be allowed under the existing CG (General
Commercial) zoning.
OTHER CITY ATTORNEY ITEMS
(Cont. from 8/20/98) Public Hearing & First Reading Ord. #6331-98 - Relating to LDC;
amending Sec. 35.11, various sections in Ch. 40, & 41.053; and creating Sec. 41.281 to
establish standards for the siting, design, maintenance, and use of telecommunications towers
and antennas.
The Federal Telecommunications Act of 1996 contains provisions related to local
zoning of telecommunications towers, antennas, and related facilities. It is recommended that
the City’s Land Development Code be updated to reflect these federal provisions, as well as to
set forth specific design standards for the facilities, and to encourage their joint use through
collocation. The current zoning provisions do not specifically address telecommunications
towers and antennas; they are treated as “utility facilities” with regard to location and as any
other structure with regard to height, setback, and other dimensional requirements. Language
allowing towers as conditional uses in the beach commercial zoning district (Section 40.365)
that was inadvertently included in the Receipt and Referral version has been deleted from this
version.
An Attorney/Client session regarding Kirby vs. City of Clearwater was set for
September 28, 1998, at 9:00 a.m.
Other Commission Action
Commissioner Clark congratulated Diane FitzGerald, Information Management
Department, for her article regarding Brownfields in Quality Cities.
Commissioner Hooper stated the Pinellas Planning Council is reviewing alternatives to
the annexation of enclaves issue and he requested guidance from the Commission. He
expressed concern regarding the County entering contracts for services without annexation.
The City Attorney said normally, agreements are voluntary, but she would like to see what is
proposed. It was noted Clearwater has a County-approved planning district.
Commissioner Johnson reported a well-attended groundbreaking event for Hercules
Hydraulics on August 14. He said the consultant at the September 6 North Greenwood Forum
#2 was well received. He congratulated Chief Klein for receiving traffic safety and forfeiture of
bonds grants. He noted T2100 would receive $1.2 billion in 1998-2003. He requested to be
informed of details before work starts on traffic calming projects.
Commissioner Seel hoped plans for traffic calming projects would be presented to the
entire community before work starts, and that what was approved is carried out. She referred
to a letter received by Commissioner Clark asking for an equipment donation, and questioned
City policy with regard to donating versus auctioning City property. She requested that
Clearwater nonprofit organizations receive first priority when donations are made. In response
to a letter she received regarding the Johnson property on the beach, she asked for clearing
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and mowing to take place swiftly. The City Attorney said code enforcement action was taken;
she will get an update from the Community Response Team.
Mayor Garvey questioned a “Notice of Proposed Tax Increase” in the newspaper. The
City Clerk and the City Attorney affirmed the statutory requirement for advertisement of the
new rate when it is above the rolled-back rate.
Adjourn
The meeting adjourned at 4:10 p.m.
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